New York, NY – Following today’s deadly crane collapse on the Upper East Side, Congresswoman Carolyn Maloney (D-Manhattan, Queens) asked the federal Occupational Safety and Health Administration (OSHA) to inspect all construction sites in New York City where cranes are operating and any other sites OSHA deems appropriate.

In her letter, a full copy of which follows, Maloney said that "I am deeply concerned about the large number of serious accidents that have occurred at construction sites in the last few years, more than I can ever remember.

"There has been an alarming pattern of lax supervision at construction sites. Earlier this week, it was reported that more than 80 percent of building plans submitted under the city's ‘self-certification’ program actually violate current law.

"It is clear that more needs to be done to ensure that safety is the top priority at construction sites in New York City. People who live near construction sites should not have to look at every tall crane in fear, wondering if their building is in range, and workers should not have to risk their lives to do a job. Accordingly, I ask OSHA to conduct a complete investigation of all construction sites in New York City that are using cranes and any others that you deem appropriate."

May 30, 2008

Edwin G. Foulke, Jr.

Assistant Secretary of Labor

for Occupational Safety and Health

U.S. Department of Labor

200 Constitution Avenue, NW

Washington, DC 20210

Dear Mr. Foulke,

Earlier today a crane collapsed at a building site at 354 E. 91st Street at 1st Avenue in my Congressional district, killing at least two people and injuring more. News report indicate that those killed were construction workers, and that other construction workers may also have been injured. The city advises that the crane collapsed shortly after 8 a.m., falling onto a 23-story apartment building across the street before falling to the ground. The accident caused damage to the building’s penthouse as well as to apartments on lower floors. Leon D. DeMatteis Construction Corporation of Elmont, New York is the construction company.

I am deeply concerned about the large number of serious accidents that have occurred at construction sites in the last few years, more than I can ever remember. Just two and a half months ago, on March 15, in an accident chillingly reminiscent of the one that occurred today, a crane collapsed at East 51st Street in Manhattan, destroying a neighboring townhouse, damaging an apartment building across the street and killing 7 people. An inspector from the New York City Department of Buildings was found to have falsely reported that he inspected the crane 11 days before the accident, and is currently facing criminal charges.

Investigators of the March 15 accident reported that it occurred as workers were "jumping" the crane; that is, installing steel bracing to stabilize it so that additional sections could be added to make the crane taller. Ironically, news reports indicate that just this week, City officials said they would no longer require inspectors to be on hand at construction sites when a crane is erected or made taller, reversing precautions put in place in the aftermath of the March 15 accident.

Other accidents include the death of a construction worker on the Upper East Side (April 15, 2008), the death of a construction worker at 525 Clifton Avenue in Brooklyn (January 31, 2008), a crane malfunction at Goldman Sachs’ new headquarters in Battery Park City (December 2007), a crane malfunction at One Bryant Park in Manhattan (October 17, 2007) and a crane malfunction near Union Square (September 29, 2006). I have included a more complete list, together with news reports related to these accidents. In most cases, workers were among those killed or injured as a result of dangerous conditions at the work sites.

There has been an alarming pattern of lax supervision at construction sites. Earlier this week, it was reported that more than 80 percent of building plans submitted under the city's "self-certification" program actually violate current law. Since 1995, the city has allowed registered architects and engineers to self-certify that a project complies with all applicable laws and codes, allowing the project to move forward without a full review by plan examiners. At present, nearly half of all projects are self-certified. The New York Post reported on May 25, 2008 that "The Department of Buildings’ Professional Certification Review and Audit Team checked 662 plans between Sept. 17 and Jan. 31. Examiners issued objections against 556, or 84 percent. The DOB's Special Enforcement Team, which targets repeat offenders, audited another 207 plans during the same period and issued objections against 171, or 83 percent." This poor track record spells trouble for workers as well as for individuals unfortunate enough to be in the vicinity when a problem happens.

It is clear that more needs to be done to ensure that safety is the top priority at construction sites in New York City. People who live near construction sites should not have to look at every tall crane in fear, wondering if their building is in range, and workers should not have to risk their lives to do a job. Accordingly, I ask the Occupational Safety and Health Administration to conduct a complete investigation of all construction sites in New York City that are using cranes and any others that you deem appropriate, in accordance with all applicable rules and regulations. I look forward to hearing from you at your earliest convenience. Thank you for your kind consideration of this request.

Very truly yours,

CAROLYN B. MALONEY

Member of Congress

June 27, 2006- Two construction workers rescued after being trapped in wet concrete for 90 minutes. (145 11th Street, Brooklyn)

September 29, 2006- Five people injured when a 4-ton, 13 foot steel beam from a crane plummeted 20 stories into traffic. (110 Third Avenue)

October 7, 2006- A four-story building that was partly under construction collapsed, killing one worker and injuring two more. (104-56 Roosevelt Avenue, Queens)

November 21, 2006- Scaffolding slipped from under the feet of a worker. Worker was wearing a life line and full safety equipment, and was unhurt. Officials cited the incident as an example of what happens when construction workers and site supervisors follow safety guidelines. (Broadway and Leonard Street)

December 26, 2006- Construction worker killed in collapse of unstable building. Three workers trapped inside of the building at the time of the collapse. (W. 113th Street and Frederick Douglas Boulevard)

January 3, 2007- Construction worker operating a front-end loader on a building roof fell to his death when the machinery plummeted three stories to the ground. (149th St. and River Avenue, Bronx)

May 4, 2007- Construction worker killed after an 8-foot deep trench collapsed on top of him. There were no permits for the construction and the trench had no shoring or bracing, which is required for holes deeper than 5 feet. (Leif Ericson Day School, Brooklyn)

August 13, 2007- Two people injured when a sidewalk collapsed at a Manhattan construction site. Those injured fell into a hole up to 10 feet deep. (Accident near 148 West 36th St)

October 17, 2007- Eight people injured after a construction crane bucket fell about 53 stories, crashing into the mid-Manhattan building’s glass façade. (One Bryant Park, the site of a Bank of America Tower under construction)

December 14, 2007- Crane malfunctions, nearly killing an architect on the construction site for the new Goldman Sachs headquarters. (1200 Murray Street)

January 2008- Construction worker falls 40 stories off the Trump SoHo hotel-condominium complex after framework holding up freshly-poured concrete collapsed. (Trump Hotel and Condominiums, Varick and Spring Streets)

January 31, 2008- Construction worker dies when scaffolding falls off of Brooklyn building (525 Clifton Avenue, Brooklyn)

March 8, 2008- Bloomberg halts construction at the Trump SoHo development project after a dozen glass window panels came crashing down during a rain storm. (Trump Hotel and Condominiums, Varick and Spring Streets)

March 15, 2008- Crane collapses at midtown construction site, killing 7 and injuring 24. Crane inspector Edward J. Marquette found to have falsely reported that he inspected the crane eleven days before the accident. (303 East 51st Street)

April 14, 2008- Construction worker fell to his death when a safety strap system intended to secure him to the building failed (400 East 67th Street at First Avenue)

April 24, 2008- Construction worker critically injured after falling from scaffolding at the Lincoln Center construction site. (132 West 65th Street)

April 28, 2008- A worker was run over and critically injured by a front-end loader while working on a sewer pipe project for the city’s Department of Design and Construction (Clove Road and Howard Avenue, Staten Island)

April 29, 2008- Construction worker critically injured when he fell from the second story of a building under construction. (East 29th Street between First Avenue and FDR Drive)

May 18, 2008- A chunk of steel falls 18 stories from the future Goldman Sachs Headquarters onto a ball field where dozens of children were playing. The city stopped construction on the tower immediately. It was the second accident at that site in five months. No one was hurt. (200 Murray Street)